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HomeMy Public PortalAbout1988-062P.ember adoption: introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO. f f G RESOLUTION GRANTING A VARIANCE FOR ROBERT FRANKLIN WHEREAS, Robert Franklin (Applicant) has requested a variance to reduce the front yard setback to 0' to rebuild an existing garage on his property at 2819 Lakeshore Avenue; and WHEREAS, Section 825.45 of the City's Code of Ordinances and Minn. Stat. Section 462.357 require that variances from the strict interpretation of the zoning ordinance be granted only when there is a demonstrated hardship because of circumstances unique to the property; and WHEREAS, the planning commission considered the Applicant's request and has recommended approval thereof with conditions; and WHEREAS, the City Council has had an opportunity to review the matter and to hear from the Applicant regarding his request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the Applicant's request for a variance be granted, down to 0' to rebuild the garage in its current location, the hardship being the location of the existing garage, subject to the following conditions: 1. The city shall be responsible for the cities legal fees with regard to research of the validity of the easement over the western portion of the property; 2. The Applicant shall obtain a survey and grant to the city an easement for roadway purposes 40 feet in width over his property, the Schanus and the Fries properties, which easement will be north and northeast of the existing easement, all at Applicant's expense; 3. No trees over 6" in diameter within the roadway right-of-way shall be removed unless by vote of the city council after timely notification to the property owner; 4. The city shall grant a building permit for the new garage after receipt and filing of the new roadway easements; and 5. The Applicant shall amend his Torrens registration proceeding to recognize the validity of a roadway easement 40 feet in width over the entire length of his property. Thoma Ander on, Mayor ATTEST: �\ J Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by memberand upon vote being taken thereon, the following voted in favor thereof: i and the following voted against same: Whereupon said resolution was declared passed and adopted. MedRes5:04RE179.E40